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28 Berkeley La Raza L.J. 103 (2018)
When Risk Turns into Reality: The Canaries in the Oil Wells of California

handle is hein.journals/berklarlj28 and id is 103 raw text is: 











WHEN RISK TURNS INTO REALITY: THE

     CANARIES IN THE OIL WELLS OF

                          CALIFORNIA



                          DIEGO GARCIA*

INTRODUCTION               ............................................   103
I. PART ONE:  PROBABLE RISK            ............................ .....104
       A.  The Valid Expert    .........................................104
       B.  Los Angeles and Kern County    ...............................105
       C.  Resilience as Environmental Justice..................................106
       D.  Grassroots Expertise: Narratives, Stories, Citizen Efforts...................108
       E.  Awareness  of Risk and Preparedness    ................................109
II. PART TWO:  NGOs   & GOVERNMENT                      ...........111...........111
       A.  When  Hazards are Desirable.       ............................113
III. PART THREE:  A NEW   THEORETICAL APPROACH?             ...   ..............114
       A.  Socialist Ecology .    .................................... 115
       B.  EcoFeminism            .................................. ..... 115
CONCLUSION                 ........................................  ...... 116



                            INTRODUCTION

        Despite  the emergence   and  popularization of environmental  justice
movements,  racial injustice in toxic environments remains highly pervasive and
obscured. Claims  of  racial injustice from environmental hazards  have  been
continuously disputed by experts. As a result, the very meaning and perceived reality
of environmental risk has been predominantly shaped by  scientific expertise.' In
particular, current assessments of hydraulic fracturing in California present a clear case
study to understand racially differentiated risk. By virtue of exposure to environmental
hazards, people of color in California face the biggest health risk from their
surrounding environment.
        This logic of racially differentiated risk is environmental racism. Robert
Bullard defines environmental racism as any policy, practice, or directive that
differentially affects or disadvantages (whether intended or unintended) individuals,
groups, or communities based on race or color.2 Furthermore, environmental racism


DOI: https://doi.org/10.15779/Z38CZ32521
        * University of California, Berkeley, B.A. I offer my sincerest gratitude to Professor Jessica
Walker, who offered her unconditional support and valuable insight in the development of my thesis. A
special thanks to the editors of the Berkeley La Raza Law Journal for the opportunity to help bring
environmental racism to light. Your guidance is deeply appreciated. To those living to fight another day in
toxic environments, this project is dedicated to you.
        1.  SHELDON RAMPTON & JOHN STAUBER, TRUST US, WE'RE EXPERTs! How INDUSTRY
MANIPULATES SCIENCE AND GAMBLES WITH YOUR FUTURE (2002).
        2.  Robert D. Bullard, Environmental Justice in the 21st Century: Race Still Matters, 49
PHYLON 151, 160 (2001).

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